My apology I apparently misread your original post. Now that we are on equal footing let me make reference to your last sentence. Denying that you owe the money is up to you. But if you agree that you owe the money you will have to pay some or all of it. That you are likely aware of . Remember when I stated in my earlier post that they have to prove you owe them money. The only thing the attorney of theirs likely has is the amount you owe them. I doubt if he has any detailed receipts of purchases you made. I am assuming this is for a credit card?Correct. He likely doesn't have your signature on anything. Remember he has to prove you owe them the money. The law suit is claiming you owe them but can they prove it? Most of the time the way they prove you owe them money is by you agreeing that you owe them. If you agree that yes I had this account and I used it then there you go case for the plaintiff. If you deny it and ask them to prove it with evidence then they have to come up with the evidence. Usually they won't have any to come up with. Now getting in trouble is unlikely this is civil court. The only thing the court will do if it finds that you have been dishonest is raise the amount of the judgment to the plaintiff usually. In rare cases they will make you pay a plenty to the court. The thing you have a problem with is being dishonest knowing you owe them and that is understandable but the question is can you afford to be sued by this creditor or any creditor? Sometime you have to put honesty to the side and do what is best for you and your family and I am not saying being dishonest is the right call for you that is your decision. I hope this helps some.
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The idea is not to lie and say you don't owe the money.
The idea is to not admit that you do owe the money.
"Hey. You owe me money!" "Really? Prove it." See how that works? If you find yourself having to defend a lawsuit, the terminology you want to understand is called: affirmative defenses.
Just time things carefully and do things in such a way that are legal and make sense and in your own best interest as a business decision.Comment
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If the SOL has passed, you should file an answer that includes the affirmative defense that the SOL has expired. What state are you in?LadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!Comment
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OP is in Texas and said the SOL has not passed. I caught that much lol. Kinda hard to follow this thread for some reason. Lots of duplicate posts in here.Originally posted by LadyInTheRed View PostComment
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Ooops! I misread the sentence re SOL and I missed the state in my skimming. That's what happens when I sleep in and start reading posts before I'm through my first cup of coffee.Originally posted by tigergem View Post
LadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!Comment
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No big deal. I've had my coffee and I'm still having trouble lol.Originally posted by LadyInTheRed View PostOoops! I misread the sentence re SOL and I missed the state in my skimming. That's what happens when I sleep in and start reading posts before I'm through my first cup of coffee.Comment
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Side note: isn't "Michael Scott" the name of the guy on The Office? Made me chuckle....Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
0% payback to unsecured creditors, 56 payments down, 4 to go....Comment
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ok I had my meeting with an attorney this morning. Things went really well. He even had his legal assistant type me up a letter of general denial to send to the court and to the attorney who is sueing me in order to slow them down. He said it won't stop them, but it will slow them down. Basically he bought me some time...and I haven't even paid him a dime yet!
He said that he can probably get my payments around 200-300 a month...seems too good to believe to be quite honest. He said for me to stop paying the rest of the credit cards that I've been trying to keep up with. He said it might be a good idea to go ahead and replace my husband's 96 Ford truck, but we can run the numbers more when I get the paperwork in and see what's best. He said we get the credit in our budget for the second car payment whether we actually have the second payment or not.
He told me most of his clients find that their payments are quite do-able....makes me feel somewhat better but since we won't actually know for sure until we get everything on paper, I'm still uncertain.Comment
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That was really nice of him to give you that general denial letter, and it sounds like you received relatively sound advice from him. Speculation about the plan is just that, though - - speculation - - until the numbers are all in. Best of luck to you!Comment
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